Questions Raised About Atlantic District Use of 911 Relief Funds

By: Rev. Jack Cascione

The August 15-18, 2002 Minutes of the LCMS Board Directors raise questions about the use of 911 relief funds by the Atlantic District.  There were also questions about efforts to raise legal fees for the Benke Defense Fund outside the Atlantic District.

This writer has refused to turn over names and addresses as requested by the Benke Defense Fund.  The Benke Defense Fund identifies its legal counsel as:

Alan R. Pollack

APollack@capvish.com

Capell & Vishnick, LLP
3000 Marcus Avenue
Lake Success, NY 11042
516-437-4385 ext. 116
Fax: 516-437-4395

The May/June issue of "The Correspondent/Bond" magazine, published jointly by AAL and LB (now the "Thrivent" Insurance Company) reported on page 21 that AAL/LB provided 10.7 million dollars to victims of the 911 terrorist attacks.  The LCMS "Reporter" stated that 3.5 million dollars was donated from all sources in the LCMS.  In a similar fashion, the ELCA raised 6.5
million dollars for 911 relief in New York.

The questions are, "Where are these funds?", "Who has these funds?", and "To whom are these funds being distributed?"
Reclaim News sources in Florida report that questions about these funds were already forwarded to members of the LCMS Board of Directors in June 2002.

The following are the minutes of the LCMS Board of Directors dealing with the disposition of 911 relief funds and the Benke Defense Fund:
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MINUTES
BOARD OF DIRECTORS
THE LUTHERAN CHURCH--MISSOURI SYNOD

August 15-18, 2002
Chicago, Illinois

66. Correspondence Items

Chairman Robert Kuhn shared two letters that he received recently pertaining to actions taken by the International Lutheran Laymen's League and Lutheran Hour Ministries. After discussion, the Secretary was asked to respond to the letters on the basis of the action taken by the Board in this regard.

The chairman shared correspondence received recently regarding a mailing from the Atlantic District sharing September 11th materials and soliciting funds outside the District.  In the discussion that followed it was noted that most of the concerns raised should be addressed directly to the Atlantic District.  The Secretary was asked to respond to the letter accordingly.  Discussion continued regarding some of the concerns raised by the mailing.  A brief explanation of the corporate structure of Lutheran Disaster Relief of New York was provided by Vice-President-Finance--Treasurer Tom Kuchta.  The Board took the following action:

Resolved, That the Board ask the Chief Administrative Officer and the Vice-President-Finance--Treasurer to contact the Atlantic District to obtain as much information as possible and to evaluate whether there are tax or legal consequences; and be it further

Resolved, That the Chief Administrative Officer evaluate the Board's policies and the Bylaws and, if necessary, report back to the Board by its next meeting with appropriate policy changes that would require Board of Directors' approval before any District could engage in any fundraising activities outside that particular District.

The chairman shared a letter that raised concerns regarding the use of lawyers and the existence of a legal defense fund in a dispute case.  In the discussion that followed, President Gerald Kieschnick informed the Board regarding communications with David Benke, the Board of Directors of the Atlantic District, the Board of Regents of Concordia College Bronxville.  He assured the Board that concerns raised in the letter have been and will be addressed again.  The letter was given to the President for a response. After further discussion of compensation issues in light of Bylaw 8.21 c, the Board took the following action:

Resolved, That the Board of Directors request that the Treasury/Risk Management Office address the indemnification issue with the Atlantic District Board of Directors.

September 1,2002